Kentucky Governor's Scholars Program

PLEASE READ THESE TERMS OF USE (“Terms”) THOUROUGHLY BEFORE USING THE KYGSP.ORG SITE . By using the KYGSP.ORG Site, you express your agreement to these Terms. If you do not agree to these Terms do not use the Site. We reserve the right, at our discretion, to modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the KYGSP.ORG Site following the modifications to these Terms indicates you accept those changes.

INTRODUCTION

The KYGSP.ORG Site has been provided by the Kentucky Governor’s Scholars Program (“GSP”). The site is intended for informational purposes for members and non-members. This site also provides several communication methods for its members.

FORUMS AND COMMUNICATION

“Forum” is used to describe any chat area, message board, email device, or any other communication functionality offered as part of the KYGSP.ORG site. If you participate in any Forum within the KYGSP.ORG site, you must not:

abuse, defame, harass or threaten others;
make any hateful or racially offensive statements;
post or distribute any vulgar, obscene or indecent language or images;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any software or other materials which contain a virus or other harmful component;
promote illegal activities or discuss illegal activities with the intent to commit them;
advertise, sell to or solicit others;
use the Forum for commercial purposes of any kind; or
material or make statements that do not generally pertain to the designated topic or theme of any forum.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere.

When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Please keep in mind that whenever you give out personal information online (for example, via the member directory, message boards or chat) that information can be collected and used by people you do not know. While the Kentucky Governor’s Scholars Program strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE KENTUCKY GOVERNOR’S SCHOLARS PROGRAM OR COLLECT DATA NOW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE KYGSP.ORG SITE OR MATERIALS OR FUNCTIONS ON THE KYGSP.ORG SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE KYGSP.ORG SITE.